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{
    "id": 69288,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69288/?format=api",
    "text_counter": 12,
    "type": "speech",
    "speaker_name": "Mr. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Mungatana sought the direction and guidance of the Chair urging that the Chair breached the provisions of the Constitution and in particular Article 2 that deals with the supremacy of the Constitution. Further, that the Motion was a violation of Article 25 that makes the general rules of international law part of the Constitution of Kenya. To him, genocide, slavery and torture form part of international customary law and are covered by Article 25 of the Constitution. He further cited Article 26 of the Constitution to the effect that any treaty ratified by Kenya forms part of the law under the Constitution and, therefore, upon promulgation of the Constitution, the Rome Statute, which Kenya has signed and ratified, became part and parcel of our Constitution. To that extent, according to Mr. Mungantana, it was not possible to amend the Constitution through a Motion without following the procedure set out in the Constitution. Mr. Mungatana invited the Chair to note that contrary to the terms of the Motion, Article 127 of the Rome Statute provides that withdrawal can only be effected at least one year after notification and that it has no effect on prior obligations of a state party. Similar interventions were urged by the Minister for Justice, National Cohesion and Constitutional Affairs, hon. M. Kilonzo, hon. Imanyara, and hon. Ms. Karua."
}